빛공해를 둘러싼 환경소송 ― 손해배상소송을 중심으로 ―

Environmental litigation related to light pollution can be largely divided into three categories. The first is that when sunlight or solar glare which is reflected off a newly built building enters a nearby building, residents of the nearby building file claims for damages and prevention against the owner of the newly built building. The second is that when the light from outdoor artificial lighting shines into nearby building, residents of the nearby building file claims for damages and prevention against the owner of the lighting. The third is that when the light from outdoor artificial lighting shines nearby crops, farmers file a claim for damages against the owner of the lighting. Since criteria for unlawfulness of light pollution and methods of damage calculation in these types of lawsuits are not settled, there are difficulties in dealing with those cases. In the absence of a statute on specific criteria, the criteria formed through precedents affect not only the parties to the lawsuit but also those outside the lawsuit, such as those who want to construct a new building. This paper introduces the criteria for unlawfulness of light pollution, the methods of damage calculation presented in various court decisions and examines their validity in light of related laws and legal principles. In addition, litigation related to solar glare is similar to a lawsuit related to the infringement of right to light and a lawsuit related to noise. Those two kinds of lawsuits have different practices, including whether an additional claim after the final judgment is allowed or not, and whether people who move into the noise-affected or light-shaded area can claim compensation or not. This paper discusses which practices the litigation related to solar glare should follow.